BILL NUMBER: SB 2143	CHAPTERED  08/23/00

	CHAPTER   234
	FILED WITH SECRETARY OF STATE   AUGUST 23, 2000
	APPROVED BY GOVERNOR   AUGUST 22, 2000
	PASSED THE ASSEMBLY   AUGUST 7, 2000
	PASSED THE SENATE   MAY 24, 2000
	AMENDED IN SENATE   APRIL 25, 2000

INTRODUCED BY   Senator Bowen

                        FEBRUARY 25, 2000

   An act to amend Section 8538 of the Business and Professions Code,
and to add Section 1940.8 to the Civil Code, relating to landlords.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2143, Bowen.  Landlords:  notice of pest control.
   Existing law requires a registered structural pest control company
to provide a specified written warning notice to the owner, owner's
agent, and tenant of the premises where pest control work is to be
done.  Existing law provides that in cases involving a contract for
periodic pest control service, the notice is only required to be
provided at the time of initial treatment.  A violation of these
provisions is a crime.
   This bill would require the landlord of a residential dwelling
unit to provide each new tenant that occupies the unit with a copy of
the notice provided by a registered structural pest control company
pursuant to these provisions if a contract for periodic pest control
service has been executed.
   This bill would also require the notice provided by the structural
pest control company to contain information about the frequency of
treatment if a contract for periodic pest control has been executed.
Because this bill would expand the definition of a crime, it would
thereby impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 8538 of the Business and Professions Code is
amended to read:
   8538.  (a) A registered structural pest control company shall
provide the owner, or owner's agent, and tenant of the premises for
which the work is to be done with clear written notice which contains
the following statements and information using words with common and
everyday meaning:
   (1) The pest to be controlled or in the case of wood roof cleaning
and treatment registered company applications, the purpose of
applying the wood preservative or preservatives.
   (2) The pesticide or pesticides proposed to be used, and the
active ingredient or ingredients.
   (3) "State law requires that you be given the following
information:  CAUTION--PESTICIDES ARE TOXIC CHEMICALS.  Structural
Pest Control Companies are registered and regulated by the Structural
Pest Control Board, and apply pesticides which are registered and
approved for use by the California Department of Pesticide Regulation
and the United States Environmental Protection Agency.  Registration
is granted when the state finds that based on existing scientific
evidence there are no appreciable risks if proper use conditions are
followed or that the risks are outweighed by the benefits.  The
degree of risk depends upon the degree of exposure, so exposure
should be minimized."
   "If within 24 hours following application you experience symptoms
similar to common seasonal illness comparable to the flu, contact
your physician or poison control center (telephone number) and your
pest control company immediately."  (This statement shall be modified
to include any other symptoms of overexposure which are not typical
of influenza.)
   "For further information, contact any of the following:  Your Pest
Control Company (telephone number); for Health Questions--the County
Health Department (telephone number); for Application
Information--the County Agricultural Commissioner (telephone number)
and for Regulatory Information--the Structural Pest Control Board
(telephone number and address)."
   (4) If a contract for periodic pest control has been executed, the
frequency with which the treatment is to be done.
   (b) In the case of Branch 1 applications, the notice, as
prescribed by subdivision (a), shall be provided at least 48 hours
prior to application unless fumigation follows inspection by less
than 48 hours.
   In the case of Branch 2, Branch 3, or wood roof cleaning and
treatment registered company applications, the notice, as prescribed
by subdivision (a) shall be provided no later than prior to
application.
   In either case, the notice shall be given to the owner, or owner's
agent, and tenant, if there is a tenant, in at least one of the
following ways:
   (1) First-class mail.
   (2) Posting in a conspicuous place on the real property.
   (3) Personal delivery.
   If the building is commercial or industrial, a notice shall be
posted in a conspicuous place, unless the owner or owner's agent
objects, in addition to any other notification required by this
section.
   The notice shall only be required to be provided at the time of
the initial treatment if a contract for periodic service has been
executed.  If the pesticide to be used is changed, another notice
shall be required to be provided in the manner previously set forth
herein.
   (c) Any person or licensee who, or registered company which,
violates any provision of this section is guilty of a misdemeanor and
is punishable as set forth in Section 8553.
  SEC. 2.  Section 1940.8 is added to the Civil Code, to read:
   1940.8.  A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for
periodic pest control service has been executed.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
